As a Mechanic/STC Installer - Should you participate in installing an STC when there is no permission letter?
As an Owner/Operator - Are you ensuring your paperwork is free of Pirated/Bootleg STC data?
As a Buyer - Do you look for the permission statement that should be retained in the Airplane Records?
Be informed. Strive to stay legal.
Regards,
Terry Bowden - Consultant DER
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The following is an excerpted quote out of
49 U.S. Code § 44704 - Type certificates, production certificates, airworthiness certificates,
(b)
Supplemental Type Certificates.—
(1)
Issuance.—
The Administrator may issue a type
certificate designated as a supplemental type certificate for a change
to an aircraft, aircraft engine, propeller, or appliance.
(2)
Contents.—
A supplemental type certificate issued
under paragraph (1) shall consist of the change to the aircraft,
aircraft engine, propeller, or appliance with respect to the previously
issued type certificate for the aircraft, aircraft engine, propeller, or
appliance.
(3)
Requirement.—
If the holder of a supplemental type
certificate agrees to permit another person to use the certificate to
modify an aircraft, aircraft engine, propeller, or appliance, the holder
shall provide the other person with written evidence, in a form
acceptable to the Administrator, of that agreement. A person may change
an aircraft, aircraft engine, propeller, or appliance based on a
supplemental type certificate only if the person requesting the change
is the holder of the supplemental type certificate or has permission
from the holder to make the change.
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Interesting article related to topic.
http://www.aviationpros.com/article/10388581/intellectual-property
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The following is an excerpted quote out of
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Policy Statement Number ACE-00-23.561.01]
Proposed Issuance of Policy Memorandum, Methods of Approval of
Retrofit Shoulder Harness Installations in Small Airplanes
An STC cannot be used to modify an aircraft without the permission
of the STC holder. Federal Aviation Administration Notice 8110.69 dated
June 30, 1997, requires the STC holder to provide the customer
(installer or airplane owner) with a signed permission statement that
includes the following:
(a) Product (aircraft, engine, propeller, or appliance) to be
altered, inducing serial number of the product;
(b) The STC number; and
(c) The person(s) who is being given consent to use the STC.
The permission statement needs to be maintained as part of the
aircraft records. The requirement for this permission statement
originated in the Federal Aviation Authorization Act of 1996 (Public
Law 104-264). This provision was put into law to try to stop the
``pirating'' of STC's.
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The following is an excerpted quote from
Advisory Circular AC 43-210 - STANDARDIZED PROCEDURES FOR REQUESTING FIELD APPROVAL OF DATA, MAJOR ALTERATIONS, AND REPAIRS
Approved data can be used to substantiate major alterations/repairs and can be derived from:
(2) STC data, if it specifically applies to the item being
repaired/altered. NOTE: The Federal Aviation Reauthorization Act of 1996
(Public Law 104-264), specifically section 403, STC, contains specific
requirements concerning the use of STCs. It requires that the installer
obtain permission from the STC holder to use the STC.
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